Savannah morning news. [volume] (Savannah) 1868-1887, 1887-02-15
A Remarkable Law Suit.


One OF the most remarkable law suits
on record is that of Mary Bryne against
the New York Central railroad. In 1870
Mary, then 10 years of age, while cross
ing an alley in Troy, n. Y, was run over
by the cars of the NewYork Central road.
and one OF her legs was so badly crushed
that it had to be amputated above the
knee on two occasions. or course she
was made a cripple for life. She sued
through her guardian for damages. The
case has heen tried four times in the Cir
cult Court in Troy, and seven appeals to
the General Term and to the Court of
Appeals have been taken by the unsuc-
cessful party for the time being. On the
first trial the jury gave the little girl
$4,000 damages. This was set aside by
the General Term, which held that the
girl was guilty OF contributory negll-
gence, and hence could not recover any
thing. Her counsel then took their way
to the Court of Appeals, and that court
granted new trial, holding that the girls
negligence, If any, must be submitted to
the jury. On the new trial, in 1876, the
jury gave the girl $4,000 damages. On
appeal from this judgment the Court Of
Appeals set it aside ON the sole ground
that the place where the accident &C.
Cured was not public and Travelled
highway, so as to impose the statutory
duty on the railroad of ringing the bell or
blowing the whistle on approaching 1t.
On the fourth trial, in 1885, the case was
tried on that theory, the plaintiffs coun-
sci insisting that, although the place of
the accident was not public and trav-
eled highway, yet it was place whore
large number of people were accustomed
to cross daily. and therefore the railroad
company was bound to take at least ordi-
nary care while running through popu-
lous part of the city. The jury gave
verdict on this fourth trial OF 81, 500. This
view was sustained by the Court OF APP
peaIs on this last appeal. SO the case
finally ends, after seventeen years of legal
warfare. The cost to the defendant, in
Guiding interest, extra allowance and
court charges, is nearly 100000.
The House Committee on Civil Service
Reform thinks that the reform has come
to stay. 1t certainly begins to look like
the salaries of the commissioners from
$500 to So 900. The committee in its re-
port in favor OF increasing the salaries.
says: "All now agree that public office
is a public trust and should be bestowed
and exercised for the public good, and
not for private ends. Every INTELLIGENT
man admits that the civil service depends
upon the qualifications OF the officer for
the position he fills, and not the mere
political opinions he may entertain. 1t
Is not intended TO interfere with OF destroy
parties, which are believed to be essential
to the faithful and honest administration
o. governments. One party is necessary
TO look after and criticise the shortcom-
ings OF the other, but parties should be
based on principles, aud not on the
cohesive power OF public plumber. A
public servant should be neld To faith
ful discharge Of his public duty, and not
held as hepchmsn to do dirty work"
The conservatory must be a dangerous
place in Baltimore. a young lady from
New York, who was guest at the great
Garrett ball in that CITY, sage chat she
was promenading with gentlema an, ana,
AZ they approached the conservatory,
sue said: "Let US 90 in,I am tired and
would like TO rest awhile" The man
looked frightened and said: "Oh, no, L
can't 20 In there with you. am mar
rled man" Baltimore society people
will have TO station a policeman In their
Conservatives.
Boston audiences refuse to hear sam
Jones pronounce the benediction. Bos-
ton audiences evidently think themselves
too good 90 be blessed by anybody who